Gray v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Adams, J., at July Term, 1914, of RaN-dolph.
1DissentBeowN, J.
I am of opinion that the court below erred in refusing the defendant’s prayer for instruction, and in applying the decisions of this Court instead of following those of the Federal courts, inasmuch as it is admitted that the action was brought under the Federal employers’ liability act. All the evidence tends to prove that plaintiff’s intestate, Kenneth L. Gray, was a brakeman on-a freight train running between Spencer, N. 0., and Munroe, Ya. The freight train was stopped and cut in two for shifting purposes. Gray was sent forward to flag No. 37, a fast mail, due to pass in about 10 minutes.
It…
2Cases cited11 opinions
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Western Union Telegraph Co. v. Commercial Milling Co.Supreme Court of the United States · 1910
- City of Cincinnati v. Louisville & Nashville RailroadSupreme Court of the United States · 1912
- Newport News & M. V. Co. v. HoweCourt of Appeals for the Sixth Circuit · 1892
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